November 19, 2014
Irvine, Calif. – In an effort to provide attorneys and their clients with the most up-to-date rules that suit the needs of their cases, JAMS is proud to announce it has revised its Engineering and Construction Arbitration Rules and Procedures, which became effective November 15.
Revisions to the rules touch upon various parts of the arbitration process, such as arbitrator selection and disclosures, hearing protocols and an appeal procedure.
The most significant change to the Construction Rules is in Rule 7, which provides clarification regarding the number of arbitrators on particular matters. It now provides specific parameters for when the matter will be heard by a sole arbitrator or a panel of three arbitrators. If the case involves disputes arising from residential construction, or with respect to any disputes, whether residential or commercial construction and the collective claims and counter-claims are in the aggregate less than $2 million dollars, a sole arbitrator will be appointed, unless the parties agree otherwise. In all other disputes, a tripartite panel of arbitrators will be appointed.
The updated Rules now allow parties to agree to use the JAMS Optional Arbitration Appeal Procedure at any time. The revision removes the previous requirement that parties had to agree to the Optional Appeal Procedures prior to the final award.
For a summary of some of the key revisions, please click here.
Founded in 1979, JAMS is the largest private provider of mediation and arbitration services worldwide. With Resolution Centers nationwide and abroad, JAMS and its nearly 300 exclusive neutrals are responsible for resolving thousands of the world’s important cases. JAMS may be reached at 800-352-5267.